Some Members of Congress had long been concerned for Kassem, arguing that Egyptian authorities unlawfully detained and wrongfully convicted him. Kassem's death has upsetsome in Congress, sparking condemnations of the Egyptian government and calls for sanctions on Egyptian officials. Other lawmakers may be hesitant to advocate punitive action against the Egyptian government based, at least in part, on concern for preserving long-standing U.S.-Egyptian security cooperation. Nevertheless, the Kassem case presents an example of how the treatment of U.S. residents and/or citizens by authoritarian regimes can create challenges for U.S. policymakers seeking to preserve security cooperation while upholding human rights principles and legal responsibilities.

Since the Egyptian military deposed late President Mohamed Morsi's government in 2013, authorities have cracked down on most dissent in a campaign that has, at times, led to the detainment of U.S. citizens who either have participated in anti-government protests or have been innocent bystanders. Like prior Administrations, the Trump Administration has been committed to securing the release of American political prisoners and hostages abroad, and Kassem's death has raised questions over whether the Administration or Congress might take punitive measures against Egypt.

Background and Legal Issues

Mustafa Kassem was detained in 2013 during a family visit to Egypt. Police arrested him while nearby authorities forcibly dispersed anti-government sit-ins in Cairo that led to the deaths of over 800 people. After five years of pre-trial detention, Kassem was convicted of trying to overthrow the Egyptian government and was sentenced to 15 years in prison at a mass trial. Kassem had diabetes and a heart condition, and his health gradually deteriorated under incarceration. After his conviction, he began a liquid-only hunger strike to protest his sentence.

Kassem's death may affect other cases of dual U.S. and Egyptian citizens imprisoned in Egypt on alleged politically-motivated charges. More broadly, if his death is accompanied by punitive U.S. measures, it may strengthen U.S. efforts to signal opposition to the unjust detainment of American citizens, but at the possible cost of heightening tensions in U.S.-Egyptian relations. Recent disclosures that Kassem died before his Egyptian citizenship renunciation request could be finalized also may draw attention to the potential need for the United States and Egypt to more formally have bilateral agreements in place pertaining to the treatment of U.S.-Egyptian dual nationals.